TITLE 14. FISHING AND HUNTING

TITLE 14. FISHING AND HUNTING

Chapter 14.4

PORT USAGE FOR TRIBAL FISHERS

Sections:

14.4.1

14.4.2

14.4.3

14.4.4

14.4.5

14.4.6

Purpose.

Definitions.

Port Facility Privilege Priority.

Use, Maintenance, and Net Storage.

Inspection Notice and Confiscation of Debris, Fishing Gear, or

Other Personal Property.

Vessel Notice and Seizure.

14.4.1. Purpose. The purpose of this chapter is to provide rules and regulations

governing the use of port facilities where the Suquamish Tribe has Memorandums of

Agreement with specific port authorities that allow tribal fishers to use port facilities,

including slip use, for treaty fishing purposes. (Res. 2022-134, passed Aug. 15, 2022)

14.4.2. Definitions. The following terms when used in this chapter and accompanying

regulations of the following meanings, unless another meaning is specified or required

by context:

(a) “Abandoned gear” means any fishing gear which has been discarded or left

unattended for greater than seventy-two (72) hours on any port property or nearby

waters in which no arrangement for the placement or storage of the fishing gear exists.

(b) “Biology personnel” means professionally trained biologists and/or fisheries

technicians who are employed by or are working with the Tribe and whose duties

include advising the Tribe on the management, enhancement and/or regulation of tribal

fisheries.

(c) “Docking” means the physical act of pulling a vessel up to a dock or similar

structure and securing the vessel to that structure with proper equipment, including but

not limited to, fenders and dock lines.

(d) “Fishing Gear” means any equipment or gear used to harvest finfish or

shellfish.

(e) “Licensed Suquamish fisher” means any member who holds a valid tribal

fishing license issued by the Suquamish Tribe’s Fisheries Department.

(f) “Licensed Suquamish vessel” means a fishing vessel, owned by a member

that has a license issued by the Suquamish Tribe’s Fisheries Department and whose

license is in good standing.

(g) “Live-aboard” means any licensed Suquamish vessel that is used by a tribal

member as their primary residence and are living aboard the vessel at any port facility.

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022

Tribe.

(h) “Member” means any person who is an enrolled citizen of the Suquamish

(i) “Nonmember” means any person who is not an enrolled citizen of the

Suquamish Tribe.

(j) “Open season” means the time period specified by a Suquamish Tribe fishing

regulation when it is lawful for members to harvest treaty-reserved fish.

(k) “Personal property” means any movable tangible items owned by a member

or nonmember.

(l) “Port facility” means any port where the Tribe has a Memorandum of

Agreement or other similar agreement in place that permits tribal members to be

moored or anchored at specific slips without cost or reduced cost for treaty fishing

purposes.

(m) “Public nuisance” means any vessel that interferes with the use or enjoyment

of a port facility by other member or nonmember users or a vessel that poses an

immediate risk to the environment due to its poor condition that may cause it to sink or

release pollution to the port facility and/or the environment and may be a risk to health

and safety.

(n) “Suquamish Police Department” means the Suquamish Tribe’s Fishery Police

Department officers.

(o) “Tribal fishers” means any person, whether or not a member of the Tribe, who

is either exercising any tribal fishing right or who is assisting a member in the exercise

of treaty fishing rights pursuant to tribal regulation.

(p) “Tribe” means the Suquamish Tribe of the Port Madison Indian Reservation.

(q) “Vessel owner” means any member who owns the fishing vessel, whether or

not title is held by a financial institution or not, and to whose vessel is licensed by the

Suquamish Fisheries Department.

(r) “Vessel operator” means any member who is operating a vessel during an

open treaty fishery or operating a vessel in preparation of an opening for treaty fishing.

(Res. 2022-134, passed Aug. 15, 2022)

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022

14.4.3. Port Facility Privilege Priority. (a) Docking privilege will be granted to licensed

Suquamish vessels based on space availability. Docking privilege will be based on the

following prioritization during an open fishing season:

Priority 1: Licensed Suquamish fishing vessel

Priority 2: Suquamish Government vessel

(b) Port facility slip space will be granted first to Priority 1 vessels according

custom and usage. Should additional slips be available, Priority 2 vessels may use the

slip available but must move to make room for Priority 1 vessels should they arrive and

need dock space.

(c) The Tribe reserves the right to terminate docking privileges for any licensed

Suquamish vessel and vessel owner found in violation of this chapter.

(d) The use of a licensed Suquamish vessel for live-aboard is prohibited at any

port facility.

(e) Any member vessel that is not a licensed Suquamish vessel and is docked at

a port facility is deemed a per se violation of this chapter and will be subject to STC

§14.4.6. (Res. 2022-134, passed Aug. 15, 2022)

14.4.4. Use, Maintenance, and Net Storage. (a) All vessel operators and crew are

required to know and fully abide by the specific rules of any port facility they are using.

(b) All vessel operators and fishers will cooperate with the port facility over any

issues that may arise during use of the port facility that is in conflict with the port’s rules

and the Tribe’s agreement with that port.

(c) All vessel operators and fishers using docking privileges at port facilities will

keep docks and slips clean and free of debris, fishing gear, and other personal property

at all times.

(d) All vessels using docking privileges at port facilities will be kept clean and free

of sea life.

(e) Any person who fails to comply with STC § 14.4.4 (a) through (c) is in

violation of Suquamish law and will be fined:

(1) A minimum fine of two-hundred fifty dollars ($250); or

(2) A maximum fine of five-hundred dollars ($500). (Res. 2022-134,

passed Aug. 15, 2022)

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022

14.4.5. Inspection Notice and Confiscation of Debris, Fishing Gear, or Other Personal

Property. (a) Inspection. Suquamish Police Department will inspect port facilities as

follows:

(1) Regularly during any open fishing season; or

(2) When alerted by tribal fishers, the port facility, or any Suquamish or

biology personnel that an inspection is needed.

(b) Notice. If the Suquamish Police Department finds debris, fishing gear, or

other personal property on port property, the Suquamish Police Department will make

an attempt to contact the vessel owner associated with the debris, fishing gear, or other

personal property to facilitate its removal. If contact cannot be made at the facility or by

telephone, the Suquamish Police Department will leave a written notice of the violation

attached to the licensed Suquamish vessel or the debris, fishing gear, or personal

property if the vessel is not present that notifies the owner that the property needs to

removed immediately and that if it is not removed within twenty-four (24) hours from the

time the officer provided written notice that the debris, fishing gear, or other personal

property will be confiscated by Suquamish Police Department.

(c) Service of citation. In the event that Suquamish Police Department attempts

to issue a citation at the time of the violation and the vessel owner or operator refuses to

sign or accept it, the citation will be deemed properly served upon proof of mailing a

copy of the citation to the vessel owner’s last known address.

(d) Seizure of fishing gear or personal property. Suquamish Police Department

may seize the debris, fishing gear, or other personal property left on port facility property

if, after twenty-four (24) hours, the vessel owner or vessel operator has failed to remedy

the violation. Upon seizure, the Suquamish Police Department will prepare a written

inventory of all items taken and provide a copy to the vessel owner as soon as

practicable.

(e) Storage of seized debris, fishing gear, or personal property. All seized items

will be brought to a place designated by Suquamish Police Department for secure

storage.

(f) Return of items seized. Any items seized will be returned to the alleged

violator upon dismissal of related violation(s).

(g) Forfeiture of proceeds of seized items. The Court may order the seized items

forfeited to the Tribe as an alternative remedy of last resort.

(h) Unclaimed seized items. When the owner of the seized items is unknown,

these items may be forfeited fifteen (15) days after the seizure should no owner come

forward to claim them.

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022

(i) Fine. Any person who abandons debris, fishing gear, or personal property at a

port facility is in violation of STC § 14.4.05 and will be fined:

(1) A minimum fine of two-hundred fifty dollars ($250); or

(2) A maximum fine of five-hundred dollars ($500).

(j) Cost of Seizure and Disposal. The owner of seized fishing gear or personal

property will be liable for the reasonable costs associated with seizing and disposing of

the fishing gear or personal property by Suquamish Police Department. The owner is

subject to the following charges:

fuel;

(1) The cost, if any, of removing the seized property, including the cost of

(2) A daily charge for storage at a reasonable rate will be set by the Fish

Committee. Unless otherwise posted, the rate will be fifty dollars ($50) per day;

and

(3) The actual costs of advertising and conducting the bid process, if any,

to sell the seized property. (Res. 2022-134, passed Aug. 15, 2022)

14.4.6. Vessel Notice and Seizure. (a) Reservation of Right. The Tribe reserves the

right to confiscate and impound any licensed or unlicensed Suquamish vessel left at a

port facility that becomes a public nuisance or is used as a live-aboard.

(b) Public Nuisance or Live-Aboard. Upon notification that a Suquamish vessel

has become a public nuisance or is known to be used as a live-aboard, Suquamish

Police Department will attempt to make contact with the vessel owner and will leave

written notice on the vessel that it needs to be removed within twenty-four (24) hours

from the port facility. If the vessel owner makes contact with Suquamish Police

Department, Suquamish Police Department may extend the removal period for up to

one week so long as the vessel does not pose an immediate risk of sinking or causing

harm to the port facility or the environment.

(c) Unsafe Conditions. If the Suquamish vessel is in immediate risk of sinking,

causing unsafe conditions at the port facility, or is in immediate danger of causing

environmental damage, including leaking oil, fluids, or causing any other articulable type

of pollution, Suquamish Police Department can seize the vessel without providing notice

to the vessel owner.

(d) Storage of seized vessel. All seized vessels will be brought to a place

designated by Suquamish Police Department for secure storage.

(e) Return of seized vessel. Any vessel seized will be returned to the vessel

owner upon resolution of the related violations of this chapter.

(f) Forfeiture of proceeds of seized vessel. The Court may order that the seized

vessel be forfeited to the Tribe as an alternative remedy of last resort.

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022

(g) Unclaimed seized vessel. When the location of the owner of the seized

vessel is unknown, the vessel and its contents will be considered abandoned thirty (30)

days after the seizure should no owner come forward to claim them.

(h) Fine. Any person whose vessel becomes a public nuisance or is deemed a

live-aboard at any port facility is in violation of STC § 14.4.06 will be fined:

(1) A minimum fine of five-hundred dollars ($500); or

(2) A maximum fine of one-thousand dollars ($1000).

(i) Cost of seizure and disposal. The owner of the seized vessel will be liable for

the reasonable costs associated with seizing and disposing of the property by

Suquamish Police Department. The owner is subject to the following charges:

fuel;

(1) The cost, if any, of removing the seized property, including the cost of

(2) The Suquamish Police Department’s costs for seizure and disposal;

(3) A daily charge for storage at a reasonable rate will be set by the Fish

Committee. Unless otherwise posted, the rate will be two-hundred dollars ($200)

per day;

(4) The actual costs of advertising and conducting the bid process, if any,

to sell the seized property;

(5) The actual costs associated with salvaging the vessel; and

(6) The actual costs associated with cleanup including any necessary

environmental cleanup costs. (Res. 2022-134, passed Aug. 15, 2022)

STC

14.4 Port Usage for Tribal Fishers

Aug. 15, 2022